California Family Law Blog

San Jose Family Attorney

With divorce rates what they are today its not surprising that so many couples are choosing to start a family together without taking the traditional walk down the aisle first. That is the case with actress Jessica Alba and her boyfriend Cash Warren who just announced they are expecting a child in the spring of next year. Of course sometimes having a child out of wedlock is also an unexpected surprise.

Most people do not realize the legal consequences of having a child out of wedlock. At birth the father cannot be added to the child’s birth certificate in California if the parties are not married, unless he first signs a voluntary declaration of paternity. This form can have legal consequences in the future especially if the mother later requests child support from the father. In addition if the parents cannot agree on child custody and visitation and they need to go to court they once again have to establish the paternity of the child first. If the couple splits up before the child is born the mother may give the child her surname which can then require the father to go to court to have his surname added legally.

Perhaps the most serious legal complication is when the mother denies the father visitation with the child. In this case it is very important that the father file a motion for visitation quickly in order to bond with his child. Our team of San Jose Family Law Attorneys can assist you with all aspects of child custody and visitation. We also have attorneys in Alameda and Monterey Counties who can assist with all aspects of your family law cases.